Town of Palm Beach Code Enforcement Board fines Nightingale Beach Club over vegetation violations

Code Enforcement Board Meeting Minutes 07/17/08 MOTION PASSED UNANIMOUSLY VII. Fine Consideration: A. Case # 08-2432, Beachfront Vista Property, Nightingale Beach Club Association Violation of Chapter 134, Section 134-1472 (3) of the Town of Palm Beach Code of Ordinances, no additional walls, fences, hedges or other structures or growth shall be erected or be grown eastwardly of Ocean Boulevard to a height greater than four (4) feet above the surface of the Ocean Boulevard. (Ms. Duemler recused herself as part of a previously declared conflict and Mr. Hoffman advised Mr. Vanneck would be a voting member in this case) Lead Code Enforcement Officer Walton said Nightingale Beach Club had previously been found in violation and were given time to obtain a permit. A permit had been obtained but there were some conditions attached to it. There have been two (2) inspections with the Florida Wildlife Commission and an agreement was reached to not require the vegetation to be trimmed until after turtle season. Since they have already been found in non-compliance, the Town recommends the time fro compliance be extended to November 7, 2008 and if compliance is not achieved by that date, a fine of $250.00 a day be imposed. Jack Maxey, 244 Nightingale Trail, presented some documents to the Board and advised he was president of the Nightingale Trail Beach Club Association. He said one of the documents was his application under duress for the permit. Mr. Maxey advised he had not been sworn in and was administered the oath of office by Recording Secretary Houston. Mr. Maxey said he has had a long correspondence with the legal department of the Department of Environmental Protection and he believes on an emotional level, they do not believe the trees should come down but they told him they could not find any statutory way to force the Town not to enforce the permit. They told him it should be the jurisdiction of a court, not the DEP. Mr. Maxey said the Town was cutting down its own sea grapes in violation of the permitting process. Mr. Maxey said he had all kinds of burdens in this permit that he needed to comply with, one of which was replacement of the whole plant if anything over 6 feet which was larger than 3 inches in diameter was cut down. He said he was supposed to provide a signature on the document putting himself at risk of a $10,000 a day fine if he did not comply with the requirements of the permit. Mr. Maxey said Jean Higgins, a biologist for the State Fish & Wildlife, recommended sea grapes should not be trimmed because they are the best source of protection against the lighting. Ms. Higgins made some suggestions such as changing light fixtures and extinguishing lights during turtle season and maintaining a substantial healthy vegetation light blocking buffer. 13 HOUSE_OVERSIGHT_016586